Truck Accident Law
A lawyer who has experience in the field has a deep understanding of the laws that govern truck drivers and trucking firms. They will seek out evidence, including trucking company maintenance records which could be used to prove negligence.
A NYC truck accident lawyer in NYC can assist you in determining who is the fault in your situation and help you recover your injuries.
1. Fatigued or Injured Driver
The simplest method to determine who is at fault in a collision between an automobile and a car is to study the behavior of the driver. A lawyer who handles truck accidents can review video surveillance footage and witness testimony to determine which driver was at fault.
Many locations are equipped with surveillance cameras, such as most interchanges and intersections as well like some hotels, gas stations, restaurants, and other establishments. A skilled truck accident lawyer can use this evidence in order to identify the potential defendant, particularly when the driver appeared unfocused or distracted at the time of the crash.
In the event of a truck accident, it could be that the driver was fatigued or even injured at the time of the crash. A thorough analysis of the driver's track logs will reveal if they slept too long without sleep or if they failed to adhere to Motor Carrier Safety Regulations that restrict the amount of time truckers can spend on the road and demand sufficient rest breaks.
The trucking company may also be held accountable for the negligent actions of their employees. A negligent hiring or training practice could have contributed to the accident, and so could policies that encourage drivers to remain on the road for as long as is possible while limiting their sleep and rest time and increasing their risk of being involved in an accident.
If a road that is dangerous caused an accident the government agency that is responsible for maintaining it could be held responsible. A seasoned truck accident lawyer will identify the relevant agency and enlist a skilled construction or maintenance contractor to examine the root of the dangerous condition in the event that it is applicable. A knowledgeable attorney can also identify multiple parties that may be liable and seek compensation from all sources.
2. Defective Equipment
Many truck accidents happen because of defective equipment. This includes tires, brakes and cargo restraints. These equipments are designed to withstand a lot of use and should be assessed and maintained to avoid failure. When something goes wrong it could leave the driver of a truck in a position to control the vehicle and can result in fatal or serious collisions. The trucking company, manufacturer, parts dealer or repair shop could all be accountable for the malfunction of truck parts and equipment.
If an accident took place because of a defective part or piece of equipment, the person injured may seek damages for economic and noneconomic losses. Economic damages include the current and future medical costs, lost income, and loss of earning capacity. Noneconomic damages include pain and suffering as well as traumatic brain injuries and emotional distress. In certain circumstances, punitive damages may be awarded to punish the defendant and stop future negligent behavior.
Even with the best efforts of trucking companies and drivers, equipment problems are bound to happen. If this happens, it is important to determine the liable parties to seek compensation for your losses.
If you've been injured in a truck crash and need help from an experienced attorney at the Burch Law firm can assist. Contact us today to set up an appointment for a no-cost consultation. Our lawyers will analyze the case, identify responsible parties and fight to get the compensation you deserve. We can help you recover compensation to pay medical bills, lost wages, and emotional or physical suffering. We handle cases throughout Missouri, including Jefferson City, Columbia, and St. Louis. We are available to take your calls 24 hours a day and seven days a semaine.
3. Unproperly Loaded Cargo
Loaders and drivers of trucks must adhere to strict guidelines in stacking and securing the cargo they transport on the road. Failure to follow these guidelines could cause serious issues. In a recent study, the Federal Motor Carrier Safety Administration discovered that shifting cargo is among the most common causes of truck accidents.
Most of these truck accidents are caused by cargo falling off the truck onto other vehicles or roadways. This is particularly risky because the cargo can create a risk or a problem on the road and force other drivers to slow down. It could also fall on pedestrians or riders on a bike in the vicinity of trucks.
Based on the circumstances surrounding the accident, there may be a variety of parties responsible. If a driver was negligent while loading his or her cargo, for example, that person might be held responsible according to the legal theory of respondeat superior. However, the trucking company that employs the driver could be liable as well, because it is liable for the actions of its employees under the principle of vicarious liability.
In cases in which an accident happened because of inadequately secured or loaded cargo, a skilled truck accident lawyer can utilize professional investigators and police reports to determine what went wrong and who was accountable. An attorney from Cordisco and Saile LLC may help victims determine the appropriate defendants to bring a lawsuit against for compensation for their loss. A successful claim could result in a settlement or a verdict which provides victims with the financial support they require to recover from the injuries they sustained.
4. Unsafe Road Conditions
The drivers and trucking companies have a responsibility to maintain their trucks in good condition, and when they do not it could lead to serious accidents. The majority of trucks have mechanical components which need to be inspected and replaced in order for them to function correctly. If this isn't done it results in an unsafe and dangerous road.
The road and weather conditions can also cause truck crashes. Because of wichita falls truck wreck lawyer , they are more likely to crash in bad weather and on wet roads. Additionally, truck drivers must follow strict Federal Motor Carrier Safety Administration guidelines regarding the number of hours they can drive each day. These rules are designed to protect the public, but when truck drivers fail to follow them in order to meet deadlines, or to earn more money from their employers, they put the public at risk.
Potholes and uneven surfaces can cause skidding. Other issues can be due to inadequate markings for lane lines, like solid or broken lines that confuse the driver about which lane they are in, or merging ramps that are too short for large vehicles to safely change lanes.
If a car accident occurs due to poor road conditions the trucking company or the government agency that is responsible to maintain the road may be held accountable. It is essential to prove that the party in question violated their duty of care by causing dangerous conditions. This may include negligent hiring and maintenance of the vehicle, or drug screenings. In accordance with California law, victims are able to seek compensation for medical expenses or lost income, suffering, and loss of quality of life.
5. Injuries to Pedestrians
Truck accidents can be extremely dangerous for pedestrians walking along the streets or within their own yards. Most pedestrians don't have protection from the huge size and the weight of a truck and they can sustain catastrophic injuries, which are often fatal, from such crashes.
In these situations an attorney who is able to handle personal injury will seek to recover compensation from the party who was negligent. In some instances it could be as easy as the truck driver who ran a red light and struck the pedestrian, however in other instances, it could be the trucking company that permitted the trucker to work longer hours than permitted by law, failed to maintain the vehicle, or conducted an examination of their background which would have revealed a history of unsafe driving behavior.
Accidents involving trucks and pedestrians are often caused by the driver's inattentiveness or distraction. This type of accident is quite common in car accidents, but it can be fatal for truck drivers due to the fact that they are higher in the air and have more blind zones that are difficult to discern.
When a pedestrian is injured in a car accident the pedestrian may be awarded compensation for medical expenses or loss of earnings pain and suffering, and property damage. In certain cases, the plaintiff is found partly at fault for the incident because of their own actions (such as not turning over to the left side when the truck began to swerve) the amount they receive will be reduced in proportion. It is important to select a personal injury lawyer that is experienced and knowledgeable to handle your case. Contact us today to get started.